Not understanding the law and what you are
entitled to before agreeing to a Settlement agreement. For example, a lot of
potential payors on child support or maintenance don't realize how much the law
and the legal landscape has changed in the past decade, and therefore they end
up paying far too much, because of their preconceived notions and expectations
about what they were going to have to pay (notions which are probably based on
outdated societal expectations). Recently, higher credits for noncustodial
parents were allowed, but you have to know how to ask for them and why.
You can file a dissolution on your own. Depending on what
county you are in, some may be more difficult than others. For instance, here
in Missouri, in St. Louis County, there are some services set up to help with
this. On the other hand, the surrounding counties like St. Charles, Franklin
County, St. Louis City (separate from St. Louis County), and Jefferson County,
which admittedly are much smaller, do not have the same resources.
Additionally, none of these resources can give you free legal advice.
The answer to this is yes. You can always try to start the
process and call an attorney later if you feel the need. This might not be
advisable for a number of reasons, but if you need one, late is better than
never. That said, there will be times where most attorneys will refuse to jump
into the case. Taking on the responsibility of representing someone is
something that we take seriously. Coming into a case midway means a lot of
catchup for an attorney who has not been involved with the previous
The Faulstich Law Firm: Serving the following areas:St. Louis City, St. Louis County(Affton, Ballwin, Bellefontaine Neighbors, Beverly Hills, Blackjack, Breckenridge Hills, Bridgeton, Brentwood, Chesterfield, Clayton, Crestwood, Creve Coeur, Des Peres, Ellisville, Earth City, Eureka, Hazelwood, Fenton, Florissant, Jennings, Kirkwood, Ladue, Maplewood, Maryland Heights, Manchester, Normandy, Northwoods, Olivette, Oakville, Overland, Pacific, Pagedale, Pine Lawn, Richmond Heights, Rock Hill, St.
When you marry, that act has many legal repercussions
involving how your finances are treated and your children are treated in the
eyes of the law. Therefore, it makes sense that when you are dismantling this
legal union that you will be asked to provide a great deal of information about
both finances and your children if you have them.
You will be asked to provide information about your income.
Information that you will need will be broken down on paystubs and W-2s that
will be helpful in providing the court with this information.
You will need to make what is called an initial filing. This
begins the divorce process, which in Missouri is legally referred to as a
"dissolution". An initial filing will include multiple documents. You
will need to provide court approved forms for some of these. Some of the
documents will ask for simple data like birthdate and date of marriage. Others
are more complex and will require you to "plead" certain information
based upon legal statute (a type of law). Also, these will need to be served
upon the respondent, which in this case would be your spouse or your spouse's
As discussed in previous blog entries, Missouri has a law
for relocation after a divorce when you have children that are still living
under the parenting plan that was created during the initial proceeding. For a
smooth transition to a new parenting plan, it is imperative that a parent
planning to move understand the requirements under the statute. Not only can insufficient
notice cause you to lose some of the custody rights that you previously
enjoyed, but it can also cause your move to become practically speaking very
This past month, Missouri courts published opinions on two
cases both dealing with the relocation law in Missouri child custody and
support modification cases. Missouri has multiple rules regarding the
requirements of a relocation notice from one parent to another when one parent
intends to move after a dissolution. Because the parents involved in the above
mentioned cases did not understand the language of this law, they put
themselves in less optimal positions in regards to custody of their children
and their finances than they otherwise could have been in had they understood
this law and how it applied to their situations.
A divorce judgment involving custody and support will be
enforced across state lines. There is reciprocity between all 50 states.
However, there is a process to make this happen. An attorney can aide you in
registering your judgment in Missouri. An copy will need to be
acquired. There are however requirements that must be met and you can discuss
those with an attorney. You must have adequate contact with the state of
Additionally, some very proactive clients ask if you can do
this as a sort of housekeeping matter prior to any real issues arising.
There are many steps in an adoption. The first is meeting
with an attorney. It is strongly suggested that you seek the the assistance of
an attorney due to the complexity of this specific type of law. After the
initial meeting with the attorney, you will need to gather information for the
attorney. It can be helpful to take notes during this meeting. After you have
turned over the important information to the attorney, the attorney can then
begin to draft the initial filing documents that you need to sign.